Laws of Jersey
The channel Islands have been part of the Duchy of Normandy since 933AD and a possession of the English Crown
since 1066. The local laws not surprisingly have their base in the customary (or Coutume) law of Normandy and
customary law continued to develop after the Napoleonic era, when they were scrapped in France. The laws of
Property and Inheritance remain continue to reflect their Norman origins
As the 19th century came to an end, the islands increasingly looked toward the English legal system for
guidance. In Guernsey the 1908 Companies law was modelled on the English one and has followed its development
In the late 20th century, much legislation was passed based on International principles such as for anti-money
Clameur de Haro
Unique to the Channel Islands, the Clameur de Haro is thought to have originally been a plea to Rollo, the
Viking Duke of Normandy.
The petitioner must fall to his/her knees before two witnesses and state in French to the Duke, that a
wrong-doing has occurred. The Lord's prayer is then recited in French and the Clameur registered before the Bailiff
within 24 hours, or be guilty of contempt of court. Once registered at the Greffe, the petitioner has a year and a
day to start a Royal Court action. The Clameur will normally act as a Prevention order during that period.
The Clameur was last used in Guernsey on 30 March 2000 when in a packed conveyancing court, Paul Moed blocked a
property sale which he claimed was prejudicial and detrimental to his rights. It was previously raised in 1997. In
Alderney, it was last used in 1998.
Jersey has Juvenile, Magistrate and Royal Courts, the latter being the principal court and was established by
King John. The judges of the Royal Court are the Bailiff and Deputy Bailiff, both of whom must be qualified
Advocates in order to hold office. The Royal Court enjoys unlimited jurisdiction in both criminal and civil
matters. Anyone can elect to go to trial at the Royal Court, the jurors for which are a standing group of elected
Jurats (from the Latin 'jurare', to swear as on an
oath) - mainly well respected senior members of the community.
There is also Appeal Courts comprising of the Bailiffs of Guernsey and Jersey and several leading Queen's
Counsel. Beyond the Channel Island Courts of Appeal, there is a right of appeal to the Privy Council and
ultimately to the European Court.
Jersey has lawyers known as Advocates who combine the role of barrister and solicitor. They must have qualified
in England and passed the local Bar examination. They must also have successfully studied at the University of Caen
for a minimum period of six months.
There are also many practicing UK solicitors in the islands who advise